UPDATE: BIOLASE Wins Patent Infringement Case in Germany
BIOLASE, Inc. (NASDAQ: BIOL), the world's leading manufacturer and distributor of dental lasers, including the Company's proprietary WaterLase®, and a pioneer in laser surgery in other medical specialties, as well as a distributor of digital radiography, intra oral scanners, and chair-side milling machines and 3-D printers for dentistry, today announced that it has received formal notice from the first instance Düsseldorf District Court (the "Düsseldorf Court") that BIOLASE has won its patent infringement case filed April 13, 2012 against Fotona dd ("Fotona").
In the ruling, the Düsseldorf Court found that Fotona's Fidelis dental laser system infringes on BIOLASE's European Patent EP 1 560 470. BIOLASE's European Patent EP 1 560 470 has broad claims relating to the output of optical energy of lasers; specifically, the conditions of laser-induced cutting of biological tissue where air-water spray is applied to the tissue for stimulation of mechanical cutting. The Düsseldorf Court accepted BIOLASE's requests for injunctive relief, product recall, rendering of account, and cash damages.
Federico Pignatelli, Chairman and CEO, said, "This is a great victory for BIOLASE and our extensive portfolio of international patents. The Düsseldorf Court awarded BIOLASE full damages, which we estimate could amount to several million Euros for the German market alone, and injunctive relief in the critical German market which is fundamental to our European sales strategy."
In Germany, damages can be calculated based on the profits made by the infringer after the formal announcement of the granting of a patent, in this case beginning January 1, 2009, without considering direct labor or any other operational costs. Fotona has yet to provide the details of its profits in order to allow a calculation of the damages. The decision is still subject to a potential appeal to the Court of Second Instance and the German Federal Patent Court has been called to decide on the validity of the patent in nullity proceedings. However, the Düsseldorf Court's saw no reason to await the outcome of the nullity proceedings and awarded BIOLASE the right to enforce its decision immediately against Fotona, subject to a bond in case of an appeal.
"This victory is an important milestone for the enforcement of our extensive portfolio of more than 300 U.S. and international patents and patents pending and BIOLASE will continue to firmly assert its rights both in the U.S. and internationally. Based on the results of this case, we will immediately notice other manufacturers and distributors in Germany, France, Italy and the United Kingdom that we believe are infringing on European Patent EP 1 560 470 or other patents in our portfolio," concluded Pignatelli.
About BIOLASE, Inc. BIOLASE, Inc. is a biomedical company that develops, manufactures, and markets innovative lasers in dentistry and medicine and also markets and distributes high-end 2D and 3D digital imaging equipment, CAD/CAM intraoral scanners, and in-office milling machines and 3D printers; products that are focused on technologies that advance the practice of dentistry and medicine. The Company's proprietary laser products incorporate approximately 300 patented and patent-pending technologies designed to provide biologically clinically superior performance with less pain and faster recovery times. Its innovative products provide cutting-edge technology at competitive prices to deliver the best results for dentists and patients. BIOLASE's principal products are revolutionary dental laser systems that perform a broad range of dental procedures, including cosmetic and complex surgical applications, and a full line of dental imaging equipment. BIOLASE has sold more than 25,500 laser systems. Other laser products under development address ophthalmology and other medical and consumer markets.
For updates and information on WaterLase and laser dentistry, find BIOLASE online at www.biolase.com, Facebook at www.facebook.com/biolase, Twitter at www.twitter.com/biolaseinc, Pinterest at www.pinterest.com/biolase, LinkedIn at www.linkedin.com/company/biolase, Google+ at www.google.com/+BIOLASEIrvine, Instagram at www.instagram.com/biolaseinc, and YouTube at www.youtube.com/biolasevideos.
BIOLASE® and WaterLase® are registered trademarks or trademarks of BIOLASE, Inc.
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